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TSAI CHI-YI

HUNG SHRIMP FARM, ET AL.

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Before Chief Justice Valdez and Justices Hinojosa and Yanez

Opinion

Appellant, TSAI CHI-YI, attempted to perfect an appeal from a judgment entered by the 138th District Court of Cameron County, Texas, in cause number 97-04-1459-B. Judgment in this cause was signed on May 11, 2000. A timely motion for new trial was filed on June 9, 2000. Pursuant to Tex. R. App. P. 26.1, appellant's notice of appeal was due on September 8, 2000, but was not filed until September 27, 2000.

Notice of this defect was given so that steps could be taken to correct the defect, if it could be done. Appellant was advised that, if the defect was not corrected within ten days from the date of receipt of this Court's letter, the appeal would be dismissed. Appellant's response was received on October 6, 2000. Appellees have filed a motion to dismiss the appeal.

The Court, having examined and fully considered the documents on file, appellant's failure to timely perfect his appeal, appellant's response to this Court's notice, and appellees' motion to dismiss is of the opinion that the appeal should be dismissed for want of jurisdiction. Appellees' motion to dismiss the appeal is dismissed. The appeal is hereby DISMISSED FOR WANT OF JURISDICTION.

PER CURIAM

Do not publish.

Tex. R. App. P. 47.3.

Opinion delivered and filed this

the 19^th day of April, 2001.